Mandeville v Better Lending Pty Ltd

This case involved an appeal by Ms Mandeville against three judgments of the District Court concerning a dispute with Better Lending Pty Ltd arising from a second loan agreement. The primary dispute centred on the amount outstanding under this agreement and Better Lending's claims for possession of a property and damages. Ms Mandeville contended that a prior default judgment obtained by Better Lending precluded them from pursuing further claims, raising issues of res judicata and issue estoppel.

The District Court was required to determine whether the default judgment prevented Better Lending from pursuing claims pleaded in its Second Statement of Counterclaim, by reason of res judicata or issue estoppel. Additionally, the court had to consider Ms Mandeville's claims that Better Lending was estopped by an *Anshun* estoppel from making further claims due to the earlier default judgment, and that such claims constituted an abuse of process. The court also had to determine claims of duress, undue influence, and unconscionable conduct, and assess Better Lending's counterclaim for the outstanding loan amount.

The District Court's reasoning involved dismissing Ms Mandeville's arguments regarding res judicata, issue estoppel, and *Anshun* estoppel, finding that the default judgment did not preclude Better Lending from pursuing its claims. The court also dismissed the claims of duress, undue influence, and unconscionable conduct. However, it granted an injunction preventing Better Lending from recovering interest on the loan under the National Consumer Credit Protection Act 2009 (Cth). On the counterclaim, the court gave judgment for Better Lending against both Mr and Ms Mandeville for $43,000, representing the difference between the principal loan amount and the payments already made. The final judgment concerned costs, with the court ordering Better Lending to pay 80 per cent of Ms Mandeville's costs on a party/party basis, and staying that judgment pending quantification of costs.